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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28991
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a shop that has been let out on a five year lease,

Customer Question

I have a shop that has been let out on a five year lease, and the tenant did not renew but stayed in the property, paying rent, now he has left and I have found out that he has put wood around the PVC windows and doors screwing into the PVC and taking two window sills off.So two windows and one door will have to be replaced. On the lease it says the property to be left in the same condition as when he went in, but the lease had run out by a year.What position am i in?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No only just learned about it today
JA: Where is the property located?
Customer: Oswestry Shropshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 14 days ago.
Category: Property Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

May I confirm under what circumstances the tenant left please? In particular, have you entered into any formal deed of surrender in relation to his leaving or has the matter be dealt with relatively and formally to date?

Customer: replied 14 days ago.
He bought a shop, and he left, I had no problem with it, he paid his rent, and I have a new tenant who just moved in, and they want a door opened which he had sealed up because it was two shops but he only wanted one entrance and he could get through to both shops with just the one door.
Customer: replied 14 days ago.
I will have to have a phone later or tomorrow
, my bank has just messaged me they have declined payment, I will ring them
Expert:  Joshua replied 14 days ago.

thank you. If the original tenant had a fully repairing lease which from what you say, this would indicate that he did, then you would be entitled to make a claim against the original tenant for any damage he has caused or in relation to any items that require improvement in order to bring them into "repair".

in order to make a claim against the original tenant, you may need to have a report prepared perhaps by a surveyor or inventory clerk identifying those issues formally that require attention. He could attempt this yourself but if you find yourself in the position where you have to go to court to make a recovery, your claim may be prejudiced if you do not have a professionally prepared report. If a new tenant is or has already moved in, this may need to have your priority as it may be difficult to identify what was in need of repair at the time the old tenant moved out if you allow the new tenant to become too embedded in, particularly if they are making modifications in relation to the unit.

As regards ***** ***** that are identified as requiring improvement, to bring them into repair, you can then make a claim against the original outgoing tenant in relation to those items under a repairing lease and if necessary, issue proceedings in the County Court in respect of the cost of making good those items:

https://www.gov.uk/make-money-claim